Litigation

More Litigation Predicted For "Autodialers," Now More Broadly Defined

The Federal Communications Commission has issued a declaratory ruling that expands the reach of the Telephone Consumer Protection Act. The […]

Expert Talks Too Much, Scuttles Case

An expert witness doctor in a Florida case provided statistics about how many people can be expected to die prematurely […]

Former Prosecutors Charge DOJ With Withholding Evidence

In a Supreme Court brief filed last week, 20 former Justice Department officials urged the Court to hear an appeal […]

How to Navigate The Treacherous World of Social Media

Widespread employee use of Facebook, Twitter, LinkedIn and other social media has drawn the attention of both the NLRB and […]

Appeals Court Judge Puts Police K9 On Trial

The Seventh Circuit Appeals Court did not overturn a drug possession conviction because of a police dog’s poor track record, […]

Mandatory ADR Clause Backfires For Insurer

Insurer Columbia Casualty Co. had a mandatory alternative dispute resolution clause written into its contract with a health care provider.  […]

Plaintiff-Friendly "Public Knowledge" Whistleblower Ruling In 9th Circuit

The Ninth Circuit Court of Appeals gave a “respectful burial” (the court’s words) to a 1992 defendant-friendly precedent that made […]

Butt Dials Admissible In Court

A federal court has ruled that recorded “butt dials” – when a phone makes a call without its owner’s knowledge […]

Suing A Parody

Companies that have a mind to sue over parodies of their brands are unlikely to win. On the other hand, […]

Practical Guide To Writing A Legal Hold Directive

The essentials of establishing a legal hold, starting with sending, in plain English, a directive to any potential information custodian, […]

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